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(20) ORGANIC LAW OF THE STATE
The Organic Law of Spain specifies that some areas of law should be regulated, such as the Laws of Development of Fundamental Rights and Freedoms, which was the basis for the Statutes of Autonomy of the various autonomous communities of Spain. Juridically, organic laws are at the same level as ordinary laws. The difference between the two is in the more restrictive process for creating organic laws and in the matters that they regulate. It was written by Franco in 1967 January 11th and it is a first level legal text.
During the last years of Franconism there were more problems than ever and the economic development did not manage to attract people’s support. Citizens asked for changes not only in economy but in politics as well. With the time, mobilizations against the regime were more important, the same as the desire for a democratic society. This idea was unacceptable in Franco’s opinion. Due to this all the answer political parties obtained from the regime was repression. Those around Franco wanted to assure the survival of the regime after the dictator’s death, mainly since he was ill. But democratic opposition was stronger and they worked hard against the regime. Forbidden unions were stronger than before. As a result, they aimed at obtaining union and political freedom and workers’ strikes became common. Sometimes, calls for strikes stopped cities completely. In the 60s decade, Dolores Ibarruri and Santiago Carrillo became the leaders of the Communist Party that became the first objective of the Socio-Political Brigade each time one of their militants was caught. There were discontents and breakings among the Franconist as well. In 1972 Franco confirmed his traditional ideas: Political parties continued being forbidden; the system continued based on only a political party: National Movement; Catholicism, being the official religion, must help the state; the economic development justified the regime. Some of the groups were in favour of a minimum of freedoms while the most conservatives did not want any changes in the regime created after the war; On the one hand, Carrero Blanco was the head of the group that criticized any reform (the majority) and on the other hand, Garicano Goñi general (Interior Minister) was the head of those who were in favour of some reforms, even if small, and wanted to create “political assemblies” (limited political parties). In 1973 Franco formed his new government. In the future he would be the head of the state and Carrero Blanco would be responsible of the government. Arias Navarro was put as responsible of public order.
The state was defined as a centralised kingdom so, there wasn’t any possibility of any autonomies. The term “kingdom” refers to the previous law that Franco gave (The succession law) saying that prince Juan Carlos would be the king of Spain after Franco’s death. The basis of the country were national sovereignty but it was centralised and all powers were united and coordinated. Putting into other words, all powers belonged to Franco. The government was in the there was this position. He made it seem as Spain was a democratic country but he was a dictator. Everything depended of Franco. For having a public position was to be Spaniard. In this text appears for the first time the figure of Head of Government as somebody different from the Head of the state. Franco continued having both attributions until he finally appointed Carrero Blanco as Head of Government (1973), in a moment in which the health of the dictator had deteriorated. After the assassination of the admiral, Arias Navarro was the person chosen to replace him.
This text is one more law that Franco set with which he wanted to make up the situation of the country. He pretended that Spain was a democratic Country but that wasn’t true. When you read the text in depth you realise that there was nothing democratic about it, and this is why Franco had institutions but no constitutions. However, no one thought that Spain was a democratic country so whatever reason he set this laws, he did not get what he wanted. The political regime that is defined at this moment is an institution that prohibits to go against the head of the state. Obviously this extreme conditions would also come with oppositions. There were the workers, who were asking for improvements in working conditions and salaries, the students who asked for freedoms, the church (which was once allied with the state but even they wanted some changes) who were asking for social measures, political parties in exile which went to Munich to complain about the lack of freedoms and last, but not least, the very well known ETA who wanted nothing but independence for the Basque Country.